Patient Safety Law (2010:659)

Original Language Title: Patientsäkerhetslag (2010:659)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:659

Chapter 1. Introductory provisions



The law's purpose and content



section 1 of this Act is intended to promote high patient safety within

health care and thus comparable activities. In the law

provides for



– notification of activities (Chapter 2),



– caregiver's obligation to carry out a systematic

patient safety work (Chapter 3),



– jurisdictional issues (Chapter 4),



– restrictions on the right to health

professionals to take certain health and medical care

measures (Chapter 5),



– obligations for health care professionals and others. (6

Cape.)



— Inspection of nursing and caring supervision (Chapter 7),



-probation and revocation of ID, etc. (Chapter 8),



– Health care disciplinary board (Chapter 9), and



– penalties and appeals, etc. (10 chapters).



General provisions concerning objectives and requirements for health

health care and dental care are provided in health care Act

(1982:763), law on patient rights (2014:821) and dental Act

(1985:125). Law (2014:828).



Definitions



section 2 of the health care provided for in this law, the activities of

covered by the health care Act (1982:763),

Dental Act (1985:125), the Act (2001:499) about

circumcision of boys as well as the activities of retail trade in

remedies under the Act (2009:366) on trade in drugs.



3 § With caregivers referred to in this law, government agency,

County and municipality in terms of healthcare as

authority, the county or municipality is responsible for and

another legal entity or individual entrepreneur as

engaged in health care.



4 §/expires U: 2016-04-15/

With health-care professionals referred to in this law



1. the identification for a profession in the health and

health care,



2. employees who are working at hospitals and other

medical facilities and that

involved in the health care of patients,



3. in other cases at the healthcare of patients

assisting a licensed practitioner,



4. pharmacist who manufactures or dispatching medicines

or provide advice and information;



5. staff of the poison control center that provide advice and

information,



6. staff at the emergency centre and medical advice

relays help or leave advice and information to the

Nursing applicants, and



7. as in other cases in accordance with rules given

in connection with this Act provides services in a

profession in health care during a temporary visit

Sweden without having a Swedish identification card for the profession.



For the purposes of the first subparagraph of paragraph 1 and 3 shall be assimilated

a licensed practitioner according to the particular appointment

has equivalent permissions.



The Government may provide to other groups of

professionals in health care to be covered by the law.



4 section/entry into force: 2016-02-15/

With health-care professionals referred to in this law



1. the identification for a career in health care,



2. staff working in hospitals and other health care facilities participating in the health care of patients,



3. in other cases at the health care of patients, assisting a licensed practitioner,



4. pharmacist who manufactures or dispatching medicines or provide advice and information;



5. staff of the poison control center that provide advice and information, and



6. staff at the emergency centre and medical advice that imparts help or leave advice and information to health care applicants.



For the purposes of the first subparagraph of paragraph 1 and 3 shall be assimilated to a licensed practitioner according to the particular mandate that has equivalent permissions.



The Government may provide for other groups of professionals in health care to be covered by the law. Law (2016:150).



5 § With care injury referred to in this law, suffering, physical or

mental injury or illness, and deaths that could have been

be avoided if adequate measures had been taken at the patient's

contact with the health care system.



With serious health damage "means damage care



1. are permanent and do not call, or



2. has led to patient a substantially increased

the need for care or died.



section 6, With patient safety as referred to in this law protection against health damage.



Chapter 2. Notification of activities etc.



Notification of activities



§ 1 the person who intends to conduct the activities covered by

Inspection for health and social care supervision according to this law

notify the supervision authority not later than one month before the

activities commence. Law (2012:957).



2 § If your business entirely or essentially changing

or is moved, it shall be notified to the supervisory authority for the care and

care within one month after the implementation. If your business is added

down, it should promptly be reported to the inspection. Law (2012:957).



section 3 of the Government or the authority, as the Government determines

Announces rules on how the notification requirement pursuant to 1

and 2 sections to be performed.



Register



section 4 of the Inspectorate for health and social care shall maintain an automated

records of the activities notified in accordance with this chapter.

The register may be used for surveillance and research as well as for

production of statistics.



Inspectorate for health and social care shall also keep a

automated register of health establishments and units

referred to in Chapter 7. 7 §. The register may be used for supervision,

research, the production of statistics and for the placement of

patients.



Inspectorate for health and long-term care is responsible for

the processing of personal data in the registry.



Government Announces rules on which authority may have

direct access to the data in the inspection for health and

care records. Law (2012:957).



§ 5 the Government Announces rules on



1. limitations of the data registry under paragraph 4,

contain, and



2. screening of entries in the registry in accordance with section 4.



Chapter 3. Healthcare provider's obligation to carry out a systematic

patient safety work



General provisions



section 1 of the health care provider to plan, direct and control the activities

in a way that leads to the requirement of good health care in health and

Medical Services Act (1982:763) and dental care Act (1985:125)

is maintained.



section 2 of the health care provider shall take the necessary measures to

prevent that patients suffer health damage. For measures

that cannot be taken immediately to a timetable drawn up.



section 3 of the health care provider should examine the events of the business that has

resulted or could result in a medical injury. The purpose of the

the investigation shall be to



1. as far as possible to clarify the sequence of events and the

factors that have influenced it, and



2. provide input for decisions about actions to be conducted

to prevent similar events from happening again, or to

limit the effects of such events if they don't completely go

to prevent.



The corresponding duty of investigation has the operator

activities referred to in Chapter 7. section 7 for events in the business

that has led, or could have

cause such serious harm referred to in paragraph 6.



4 § the caregiver should give patients and their families

the opportunity to participate in patient safety work.



Notification to the Inspectorate for health and social care



§ 5 the caregiver shall to the Inspectorate for health and social care

report events that have resulted or could result in a

serious health damage. The corresponding obligation to have the

carrying out activities referred to in Chapter 7. 2 §. The notification shall

be made as soon as possible after the event has occurred.



The health care provider shall at the same time with notification, or as soon as possible thereafter

to the Inspectorate for health and social care submit the investigation of

the event provided for in paragraph 3 of the first paragraph. Law (2012:957).



section 6 If anyone has suffered or been exposed to risk

of other serious injury than health damage as a result of

security flaws in the operation of a medical facility

or device referred to in Chapter 7. section 7, to the health care provider or

the unit as soon as possible after the event has occurred, notify

this to the Inspectorate for health and social care.



The health care provider or entity shall simultaneously with the notification or

as soon as possible thereafter to the Inspectorate for health and social care submit

the investigation of the incident, as provided for in paragraph 3 of the second paragraph.

Law (2012:957).



paragraph 7 of a health care provider shall promptly notify the Inspectorate for health care

and care if there are reasonable grounds to believe that a

person who has proof of identification for a profession in the health and

health care and who is active or has been active in

caregiver, may pose a risk to patient safety.

Law (2012:957).



Obligation to inform patients about the occurred damage care



section 8 of the health care provider shall promptly inform a patient who has

suffered an injury care



1. that there occurred an event which has brought a health damage,



2. what actions the caregiver intends to take to a

similar incident should not happen again,



3. the ability to report the complaint to the Inspectorate for health care

pursuant to Chapter 7. section 10,



4. the possibility to claim compensation under the patient injury Act

(1996:799) or from drug insurance, and



5. patient RAC activity.



The information to be provided to a related to the patient, if

the patient requests it or cannot take advantage of

the information.



The information provided shall be recorded in

the patient record. Law (2012:957).



Documentation duty



§ 9 the health care provider must document how the organisational

responsibility for patient safety are distributed within

the business.




section 10 of the health care provider shall not later than 1 March of each year, establish a

patient safety report which should include



1. how patient safety has been carried out during the previous

calendar year,



2. the measures taken to increase the

patient safety, and



3. what results have been achieved.



Patient safety report shall be made available to the

wish to take part in

it.



Authorization, etc.



section 11 of the Government or the authority, as the Government determines

may provide for the elements to be included in the

caregiver systematic patient safety work.



section 12 of the Government or the authority, as the Government determines

Announces rules on



1. how the notification requirement pursuant to §§ 5-7 is to be performed, and



2. the information to be included in a

patient safety report according to section 10.



Chapter 4. Jurisdictional issues



Proof of identification



section 1 of The program as described in the following

table has completed a university degree or have gone through

training and, where appropriate, fulfilled practical

service shall, on application, receive proof of identification for the profession.



Proof of identity shall be granted if the conditions are such that

papers should have been revoked in accordance with the provisions of

Chapter 8. If the applicant had been licensed.



A licensed psychotherapist, in connection with their

occupation state their basic education.



The Government or the authority, as the Government determines, in

the cases listed in the table, provide for the

training and practical service required to get

identification.



Profession/Job Title Education Practical

service



1. apothecary pharmacy



2. occupational therapist occupational therapy



3. audiology student



4. midwife midwives exam



5. biomedical

Analyst biomedical

analytikerexamen



6. nutritionist dietitian exam



7. fysioterapeutexamen physiotherapist



8. chiropractor in accordance with regulations pursuant to the provisions



9. speech therapy speech therapy degree



10. doctor degree in medicine as prescribed



11. chiropractor in accordance with regulations pursuant to the provisions



12. the optometrist optometry degree



13. the orthopaedic engineer orthopaedic engineering degree



14. psychologist psychology according to regulations



15. psykoterapeut psychotherapist degree



16. prescriptionist receptarieexamen



17. x-ray nurse Radiology nursing



18. medical physicists Medical Physics degree



19. nurse nursing degree



20. dental hygienist tandhygienistexamen



21. dentist DDS



The Government may provide for that other

training than those specified in the table shall give the right to

identification. Team (2013:1149).



section 2 of The otherwise than through such training or

practical service referred to in paragraph 1 has acquired

equivalent competence, may, on application, be granted

identification of the profession.



section 3 of the designation certified may be used only by the

a identification according to § 1 or 2.



The exclusive right to the profession



section 4 authorized to exercise the profession as a pharmacist, midwife, physician,

prescriptionist and dentists are only those who have proper identification

for the profession or as specifically designated to exercise it.



Protected professional title



5 § the specified job title may be used only by the

have identification for the profession or undergo the prescribed practical

' service.



section 6 of the professional activities of the health care area, the

as paragraph 5 of lacking permissions to use a protected

job title does not use a title like

can be confused with such a title.



7 repealed by law (2012:310).



Specialist skills



section 8/expires U: 2016-04-15/

A licensed physician or dentist who has gone through the

specific training shall qualify, on application for a certificate of

specialist expertise.



A doctor or dentist may indicate that he or she has

specialist expertise in the specialty of their profession only if

He or she has such expertise.



section 8/shall enter into force in: 2016-02-15/

A licensed physician or dentist who has gone through specific training shall qualify, on application for a certificate of expertise.



Unless otherwise specifically provided, any doctor or dentist specifying that he or she has specialist expertise in the specialty of their profession only if he or she has a certificate of competence as referred to in the first subparagraph.

Law (2016:150).



§ 9/expires U: 2016-04-15/

A nurse may use a title that is matched by a

specialist nursing degree only if he or she has

having passed such an examination.



§ 9/comes into force in: 2016-02-15/

Unless otherwise specifically provided, a nurse use a title that is matched by a specialist nursing degree only if he or she has passed such an examination. Law (2016:150).



Competent authority



section 10 of the National Board of review applications for identification,

special appointment to exercise the profession and evidence about the

specialist expertise. Law (2012:310).



Other appropriations



section 11 of the Government or the authority, as the Government determines

may provide for identification and other privileges

for healthcare professionals.



section 12 of the Government may provide for fees for the

examination of the application for identity card and other privileges.



Chapter 5. Restrictions on the right to health

professionals to take certain health and medical care

measures



§ 1 Other than health-care professionals may not

professional look into someone else's health or

treat any other disease or

similar condition by taking or prescribe any of

the following actions in preventive, curative or palliative

objective:



1. treat such communicable diseases as referred to in

Act (2004:168) are notifiable diseases,



2. treatment of cancer and other malignant growths, diabetes,

epilepsy or pathological conditions associated with pregnancy

or childbirth,



3. examine or treat someone else under general anesthesia

or under local anesthesia by injection of an anesthetic

or under hypnosis,



4. treat any other radiological practices,



5. without personal examination of the searched him or

her, provide written advice or instructions for treatment,



6. examine or treat children under eight years of age, or



7. try out contact lenses.



Chapter 6. Obligations of health professionals and others.



General obligations



section 1 of the health workers to perform their work in

conformity with science and proven experience. A

the patient should be given special and careful

health care that meets these requirements. Care, so

far as possible be designed and implemented in consultation with

the patient. The patient should be shown compassion and

respect.



section 2 of The belonging to health workers wearing the self

the responsibility for how he or she fulfils its tasks.



The first paragraph does not imply any restriction on the caregiver

responsibilities under this law.



section 3 of The belonging to health practitioners may

delegate a task to someone else, only when it is

consistent with the requirement of a good and safe care.



The delegate a task to someone else, responsible

for that he has the potential to fulfil the task.



4 § health practitioners are obliged to contribute to the

to high patient safety is maintained. The staff in this

a view to healthcare provider report risks to nursing damage and

events that have resulted in or had

been able to bring a medical injury.



Health workers have corresponding

reporting obligations even when

for other damages than health damage as a result of

security flaws in the operation of such

medical facility or device referred to in Chapter 7. 7 §.



paragraph 5 of the health workers, on matters relating to children

who suffer or are at risk of danger, bad interface with

community agencies, organizations and others who

concerned. In the case of disclosure of information concerning the

limits resulting from

12-14 sections and of public access to information and secrecy (2009:400).



Healthcare professionals should take particular account of a child's

needs for information, advice and support if the child's parent or

any other adult baby

permanently lives with



1. have a mental disorder or a mental

disabilities,



2. have a serious physical illness or injury, or



3. is addicted to alcohol or other addictive

funds.



The same applies if the child's parent or another adult

as the child permanently lives with unexpectedly dies.



Provisions on the obligation to notify the social welfare board to

a child may need protection board, see Chapter 14. 1 §

the Social Service Act (2001:453).



section 6, It is responsible for the health care of a

patient is to ensure that patients and their relatives are given

information referred to in Chapter 3. patient law (2014:821).

Law (2014:828).



section 7 of The responsible for the health care of a

patient is to help ensure that the patient is given the opportunity to

Select treatment options and assistive technology

persons with disabilities as set out in 7

Cape. 1 and 2 of the law on patient rights (2014:821).



It is responsible for the health care of a patient


to help ensure that the patient receives a new medical assessment

as indicated in Chapter 8. paragraph 1 of the law on patient rights.



This clause does not cover dental services under the dental Act

(1985:125). Law (2014:828).



section 8 if a patient has died, the belonging to health

medical staff carry out their duties with respect for the

the deceased. Related to show respect and consideration.



§ 9 A doctor or dentist who is active in the

publicly run health care is required, in

other obligations of professional misconduct to the extent not

prevent this or that otherwise does not exist special reasons against

it, carry out surveys and issue statements of these on

the request of the County Administrative Board, the courts, public prosecutor's Office,

The police authority or the chief guardian.



A doctor who works in the publicly run health

and health care is at the request of the police officer is obliged to, in the

the extent of the other obligations in professional practice does not hinder

This or that otherwise does not exist special reasons against it,

carry out an investigation that involves body inspection of any

who is suspected of a crime can give prison sentences.



The limitation of the obligation to carry out investigations and provide

advice does not apply to doctors who are active

mainly in open care and, in the case of

survey and opinion on the influence of alcohol, nor

for any other doctor.



In Act (2005:225) of rättsintyg in respect of offences is

the special provisions governing statements in some cases.

Law (2014:888).



10 § whoever in his professional activity in health care

issues a certificate

If someone's health or health care, to design it with

accuracy and care.



Duty of health professionals as

dispatching medicines



section 11 If a licensed professionals prescribing of narcotic

medicines, other specific drugs, alcoholic drug

or denaturation could reasonably be expected to conflict with

Science and proven experience, to the health and

medical staff who dispenses drugs notify

Inspectorate for health and social care.



The Government or the authority that the Government may

provide for what is meant by specific drugs.

Law (2012:957).



Professional secrecy, etc.



section 12 of The who belong or have belonged to the health and

medical staff in the individual health care

must not improperly disclose what he or she is in their

activities have been told about an individual's health or

other personal circumstances. That disclosure is considered

not that anyone performing such obligation arising from

law or regulation.



Professional secrecy as applies to a record of a patient's

health condition also applies in relation to the patient himself,

If, having regard to the purpose of the health care system is

of extreme importance that the task cannot be left to the

the patient.



For the general business terms and

secrecy (2009:400).



paragraph 13 of The who belong or have belonged to the health and

medical staff in the individual health care

must not improperly disclose information from a

individual about another person's health or other

personal circumstances, if it can be assumed that there is a

risk to anyone who has left the task or any

related to the informant exposed to violence or

other serious but if divulged. That disclosure

is not considered to be any obligation to comply with such that

provided by law or regulation.



For the general business terms and

secrecy (2009:400).



section 14 of The who belong or have belonged to the health and

medical staff in the individual health care

must not improperly disclose or use such

information about a particular product's manufacture or content, as

He or she has become aware of operations which have

left there to be used as a statement or documentation

for treatment or other similar action. As

unauthorised disclosure are considered not to have someone fulfill such

obligation imposed by law or regulation.



For the general business terms and

secrecy (2009:400).



section 15 except as otherwise provided by law or a regulation is

health workers required to disclose such

information



1. apply whether or not someone staying in a hospital facility if the

the data in a particular case is requested by a court,

Public Prosecutor's Office, the police, the security police,

Enforcement authority or Skatteverket,



2. the activities of the person in need of protection of the

Members, the head of State and other members of the Royal House,

Cabinet Minister, Parliamentary Secretary and the Cabinet Secretary, on

the data in a particular case is requested by the security police,



3. need for a forensic investigation,



4. The Board's advice for certain legal, social and

medical questions need for their activities,



5. necessary for the examination of a case for separating a

students from tertiary education or police program,

or



6. necessary for the examination of a person's suitability to have driving licences,

tractor cards or taxi identification according to

taxi traffic law (2012:211). Law (2014:768).



section 16 of The who, without hearing health

the medical team, due to employment or assignment

or on any other similar basis participates or has participated in

individual's health may not improperly disclose

what he or she learned in that regard for a particular

health or other personal

conditions. That disclosure is not considered that any

to fulfil the obligation imposed by law or regulation.



For the general business terms and

secrecy (2009:400).



Authorization



section 17 of the Government or the authority, as the Government determines

may provide for obligations for health and

medical staff needed to

level of protection of human life, personal safety or health.



Chapter 7. Inspectorate for health care oversight



General provisions



section 1 of the health care system and its staff is under the supervision

of the Inspectorate for health and social care.



For supervision of health services and medical care in the armed forces are

the special provisions. Law (2012:957).



section 2 of The program, but to carry out health care, receive

missions from health services relating to sampling, analysis

or other investigation which forms part of the assessment of a

patient's health condition or treatment, is in this

activities are also under the supervision of the Inspectorate for health and

care. Law (2012:957).



section 3 Supervision according to this law means the examination of the

activities and the staff referred to in paragraphs 1 and 2 meet

requirements and objectives in accordance with the laws and other regulations and decisions

given by virtue of such regulations.



Supervision should focus on the review of the health care provider

comply with their

obligations under Chapter 3.



Notice under sections 20 and 24 and ban pursuant to §§ 26-28

may only be used

When the business does not meet the requirements of the laws,

and other

regulations.



section 4 of the Inspectorate for health and social care, within the framework of their

supervision



1. advise and give guidance,



2. check that the shortcomings and irregularities are remedied,



3. share knowledge and experience gained through

supervision, and



4. inform and advise the public.

Law (2012:957).



§ 5 in the supervision with regard to children's conditions, the child shall be consulted on

It can be assumed that the child does not damage the call. The child

may be heard without the guardian's consent and without

guardian is present.



section 6 of the Inspectorate for health and social care will be systematically

protect patient information boards leaving under

Act (1998:1656) on patientnämndsverksamhet etc.

Law (2012:957).



section 7 of the health and social care Inspectorate supervises

safety in health care facilities where it may be care

under the Act (1991:1128) on involuntary psychiatric or law

(1991:1129) on forensic psychiatric care, as well as at

RPU.



The Government or the authority that the Government may

provide for security customization and

security classification of health care facilities and devices

referred to in the first subparagraph. Law (2012:957).



Reports from health care providers



§ 8 Inspection for health and long-term care to ensure that

events that have been notified to the authority in accordance with Chapter 3. paragraph 5 of the

have been investigated as necessary, as well as to the health care provider has

taken the necessary measures in order to achieve high

patient safety.



The first subparagraph shall apply mutatis mutandis notifications

According to Chapter 3. section 6. Law (2012:957).



§ 9 Inspectorate for health and social care shall disseminate information

to health care providers and relevant authorities about past events

notified to the authority in accordance with Chapter 3. § 5 as well as in

otherwise take the measures notification warrants in order to achieve

high patient safety.



The first subparagraph shall apply mutatis mutandis notifications

According to Chapter 3. section 6. Law (2012:957).



Complaints



section 10 of the Inspectorate for health and social care, after notification test

complaints against health service and its staff.

Law (2012:957).



section 11 of the Inspectorate for health and social care to do the investigation

necessary to examine the complaint. The authority may

investigate and examine the circumstances that was not raised in the

notification. Law (2012:957).




section 12 of the Inspectorate for health care may refrain from investigating

a complaint about



1. it is clear that the complaint is unfounded, or



2. the complaint has no direct relevance to patient safety and

There is no reason to consider prosecution notification under section 23 or 29.



Inspectorate for health and social care should not investigate events

is more than two years in the past, unless there are

special reasons. Law (2012:957).



section 13, If a complaint relating to defects in the contact between a

the patient and the healthcare provider or any other

similar ratio within activity referred to in paragraph 1 of the law

(1998:1656) on patientnämndsverksamhet etc., the Inspection

for health and social care shall submit the complaint to the relevant

patient Committee for action. It does, however, apply only if

the conditions in section 12 in order not to investigate the complaint is

met. Law (2012:957).



section 14 of the complaint should be notified in writing. In the notification should be provided



1. the health care providers or health professionals as

the complaint is addressed

against,



2. in the event that the complaint relates,



3. the time of the event, as well as



4. name and address of the notifier.



section 15 of the health and social care Inspectorate shall promptly submit

notification and, where appropriate, the documents annexed to

notification to the health care provider or health care professionals

that complaint is directed against or may be considered to be directed against.



The first subparagraph shall not apply if the Inspectorate for health and social care

determines the matter pursuant to section 12. Law (2012:957).



section 16 of the complaint relates, the patient and, if the patient does not

self has been able to report the matter, one related to him or

her, has the right to take part in the case and added

shall, before the case is decided, given the opportunity to take part of and

leave comments on the added matter.



If the complaint relates to healthcare professionals should concern

caregivers can be heard in the matter, unless it is clear

unnecessary.



The notification obligation does not apply if the Inspectorate for health care

and care will determine the matter on the basis of section 12.



The right to access information and notification

comes with the limits imposed by 10. paragraph 3 of the

public access to information and secrecy (2009:400). Law (2012:957).



section 17 of the health and social care Inspectorate shall, when it transmits

documents for comment, specify the period within which the opinion shall

come in to the Agency.



It provided the opportunity to be heard shall be informed that the case

may be settled even if no opinion comes in within

the prescribed time limit.



The procedure of Inspection for health and social care are written.

If it seems appropriate from the point of view of investigation,

authority to obtain information orally in a case. Data

obtained orally, and which is of importance for the investigation

shall be documented. Law (2012:957).



section 18 of the health and social care Inspectorate shall decide cases on

complaints under this law by decision.



Inspectorate for health care and social services, in such a decision rule

as to whether an action or omission by health care providers

or health care workers is contrary to the law or other

Regulation or is inappropriate with respect to patient safety.

Such a decision must not be taken without the notifier and the

as the complaint concerns have been given the opportunity to submit observations on

a proposal for a decision on the matter.



Inspection for health and social care decision must be in writing

and contain the grounds on which it is based.

The decision shall be sent to the notifier, the complaint alleges

and interested health care providers. Law (2012:957).



Initiative matters



§ 19 Of the Inspectorate for health and long-term care, on their own initiative

initiates an investigation against a health care provider or to the health and

professionals should be concerned by the investigation

the opportunity to submit its observations. The inspection, however,

not hear a patient affected by investigation if it is not

There are reasons for it.



Before a case is decided, the health care provider or health

a healthcare professional who is the subject of an investigation shall be given an opportunity

to be heard, unless it is clearly unnecessary. Otherwise

the second paragraph to section 12, paragraph 17, and, where applicable, section 18

apply. Law (2012:957).



Common provisions on Inspection for health and social care

powers



section 20 of The operating as regulated under

This chapter and health practitioners are obliged to

the Inspectorate for health and social care request leave

documents, samples and other material relating to the activities and

provide the information on the activities that the inspection needs

for their supervision.



Inspectorate for health care may submit to the operator

the business or health care personnel to leave what

is requested. A decision on the injunction may be subject to a penalty.

Law (2012:957).



paragraph 21 of the Inspectorate for health and long-term care, or the like

inspection orders, have the right to inspect the activities of

regulated under this chapter and health

health professionals ' professional activities. The person who performs the inspection

has the right to have access to premises or other facilities

used for the business, but not homes. The performing

the inspection has the right to temporarily dispose of documents;

samples and other material related to the business. The whose

business or professional activities are inspected is obliged to provide

the assistance needed during the inspection. Law (2012:957).



section 22 At such inspection as referred to in section 21, the performing

the inspection has the right to get the help of the police authority

needed for the inspection to be carried out.



Such assistance may be requested only if



1. the particular circumstances give reason to suspect that

the operation cannot be carried out without a police man's special

powers under section 10 of the law on police (1984:387)

used, or



2. There are serious reasons.

Law (2014:768).



Actions against health care providers and others.



section 23 Of the Inspectorate for health care becomes aware that

someone has violated a rule which applies to activities that

under supervision, the authority shall take

measures so that the provision is complied with and, if necessary, make

registration for the prosecution. The same applies if someone who does not belong to

health workers have violated any of the

the provisions of Chapter 5. 1 section 1-7. Law (2012:957).



section 24 of the health and social care If the inspection finds that a

health care providers, or device referred to in section 7, does not comply with its

obligations under Chapter 3. and if there is reason to fear that the

failure causes danger to patient safety or

the safety of others, shall submit to the care provider inspection

or the unit to meet its obligations if it is not

clearly unnecessary. A decision on the injunction may be subject

with a penalty. This also applies to the activities referred to in paragraph 2 of

the operation entails danger to patient safety.

Law (2012:957).



section 25 of an injunction under section 24 shall include information on



1. the measures taken by the Inspectorate for health and long-term care believe

necessary for the alleged abuses to

be eliminated, and



2. when the measures at the latest should be performed.

Law (2012:957).



section 26 If a notice under section 24 is not complied with and if the

the abuses are a danger to patient safety or

otherwise is of serious nature, the Inspectorate for health and

care facilities decide to fully or partially prohibit the activity.

Law (2012:957).



section 27 if there is significant danger to patients ' lives, health or

personal security in General, the Inspectorate for health and

care without prior summons may decide to fully or

partially prohibit the activity. Law (2012:957).



section 28 If there is probable cause to business brand

or in part will be prohibited under section 26 or 27 and a

such a decision cannot wait, the Inspectorate for health and

care facilities decide to provisionally prohibit in whole or in part

the business.



Such a decision is valid for a maximum of six months. If there is

exceptional circumstances may the period of validity may be extended once

with a further six months. Law (2012:957).



Measures for health professionals



section 29 Of the Inspectorate for health care becomes aware that

health professionals do not fulfil their obligations

According to this law or any other regulation applicable to

health and nursing activities, the Inspectorate take action

to the obligations to be performed.



If health professionals are reasonably suspected of being in

professional practice of having committed an offence for which imprisonment is

prescribed, the Inspectorate for health and social care, if not

subject to the provisions of Chapter 9. section 17, notify the prosecution.



In Chapter 8. the second subparagraph of paragraph 3 of the Act (2006:351) on genetic

integrity etc. are special provisions relating to General

the prosecution of certain offences may be brought only after consent from

The National Board of health and welfare. Law (2012:957).



Action against a licensed health care professional



section 30 Of the Inspectorate for health and long-term care believe there is

reasons for decision on probation, revocation of ID,

withdrawal of other rights to exercise the profession in health

health care or limit prescribing rights under

8. the inspection shall notify the health and

health care's disciplinary board. Law (2012:957).



Chapter 8. Probation and revocation of ID, etc.



Probation



§ 1 a trial period of three years shall be decided for the

ID is required to exercise the profession in health care, if the

legitimized




1. have been inept in the exercise of his profession and

the incompetence likely to be significant for patient safety,



2. in the course of or in connection with the profession has committed

to the offences which are liable to affect the trust in him

or her,



3. intentionally or negligently infringed any

Regulation that is essential to the

patient safety, or



4. due to other circumstances give reason to suspect may be inappropriate

to exercise the profession.



Probationary period shall also be decided if it can be expected that a

certified professionals due to illness or any

similar circumstances will not be able to exercise

their profession satisfactorily.



If there are special reasons, decisions on probation be omitted.



paragraph 2 of the decision on probation, it should lay down a plan that the

legitimized should follow if such a trial period plan is expected to be

be important to remedy the ills

that has been the basis for the decision on probation. Proposal for a

trial period plan drawn up by the Inspectorate for health and social care, if

possible in consultation with the registered.



The Government or the authority that the Government may

provide for what actions or conditions that may

be included in such a plan. Law (2012:957).



Withdrawal of identity card



paragraph 3 of the identification card to exercise a profession in health care

shall be withdrawn if it legitimized



1. have been grossly inept in the exercise of their profession,



2. in or outside of the profession has been guilty of

a serious offence which is liable to affect the confidence in the

him or her, or



3. otherwise has proved manifestly inappropriate to exercise

the profession.



If there are special reasons in the cases referred to in the first subparagraph

2 get the recall be omitted.



4 § Papers shall also be revoked if the registered



1. due to illness or any similar circumstance does not

can exercise the profession

satisfactory,



2. given probationary period according to article 1, first paragraph, under

the probation period on new

proven unfit to practise,



3. given probation with a trial period plan and failed

to follow the plan, or



4. Requests that the papers should be withdrawn and there are no

barriers against withdrawal from the public point of view.



If there are special reasons in the cases referred to in the first subparagraph

2 or 3, the withdrawal be omitted. If the recall

during the song's get probation decided

once more.



§ 5/expire U:2016-04-15 by law (2016:150)./

Papers should be revoked if a person, who got his

identification in Sweden on the basis of authorisation in another

State of the European economic area (EEA) or in

Switzerland, have lost their authorisation.



section 6, If there is probable cause for withdrawal of a case

under section 3(1) or paragraph 4(1) 2 or 3,

should papers be withdrawn until

until the issue of withdrawal have been tried. This

applies, however, only if it is necessary to ensure

patient safety or it is otherwise necessary

from a general point of view.



A decision as referred to in the first subparagraph applies for a maximum of six months.

If there are special reasons, the period of validity of the decision

may be extended once by no more than six months.



section 7 If there is reasonable cause to believe that the authentication

shall be withdrawn in accordance with paragraph 4(1) 1, the

registered practitioner to allow itself to be investigated

of the physician health disciplinary board

direct.



If a medical examination has been decided to

the authentication is revoked until the question of

the recall has been tried. This

applies, however, only if it is necessary to ensure

patient safety or it is otherwise necessary from public

point of view.



It has legitimized the practitioner has not followed an injunction

If a medical examination within one year from the time he or she

got part of the injunction, the papers recalled.



Withdrawal of other privileges



§ 8 other privileges to practise a profession in the health and

the health care system than

identification card issued pursuant to Chapter 4, should be withdrawn if the

it as a

the permissions



1. have been inept in the exercise of their profession,



2. in or outside of the profession has been guilty of

a serious

offences liable to affect confidence in his or

her, or



3. otherwise have proved unsuitable to exercise the profession.



The withdrawal should also be done if the permission is not

can exercise the profession

satisfactory due to illness or any similar

circumstance.



section 9 If there is reasonable cause to believe that permission

to be revoked under section 8, the permission is revoked until

until the issue of withdrawal have been tried. This

applies, however, only if it is necessary to ensure

patient safety or it is otherwise necessary from public

point of view.



Limitation of prescribing the right



section 10 If a doctor or dentist has abused its

authority to prescribe narcotic drugs, other

specific drugs, alcoholic product or technical

spirits, this permission is withdrawn or restricted.

Jurisdiction shall also be suspended or restricted if the doctor

or dentist direct. Law (2014:828).



section 11 If there is probable cause for suspecting such a

abuse of prescription rights referred to in section 10 shall

permission is withdrawn or limited front

until the issue of the withdrawal or restriction of

permission has been tried. However, this applies only if the

It is necessary to ensure patient safety or otherwise

is necessary from the point of view of the public.



A decision as referred to in the first subparagraph applies for a maximum of six months.

If there are special reasons, the validity may be extended

once by no more than six months.



New ID, etc.



section 12 Has an identity card withdrawn or a permission

to prescribe narcotic drugs, other special

medicines, alcoholic product or technological liquor

been suspended or limited, a new ID

each jurisdiction will be notified after application if the requirements of

Chapter 4. are met. Law (2011:1190).



Competent authority



13 § health care disciplinary board hearing matters under

This chapter.



Chapter 9. Health care disciplinary board



Composition and quorum, etc.



section 1 On notification of the Inspectorate for health care hearing

Health care disciplinary board issues referred to in Chapter 8.

1-11 sections.



At the request of the professionals concerned, try

Disciplinary Board issues referred to in Chapter 8. section 1, paragraph 4 of the first

paragraph 4 and paragraphs 10 and 12.



Provisions on the right of the parliamentary ombudsmen and of

The Attorney General to make notification in cases referred to in the first

the paragraph is in the third paragraph of section 6 of the Act (1986:765)

instruction for the parliamentary ombudsmen and in section 6, first paragraph

Act (1975:1339) if the Attorney General's oversight.

Law (2012:957).



Article 2 of the Disciplinary Board consists of a Chairman and eight other

members. They are appointed by the Government for three years. The Chairperson shall

have been regular judges. Other

Members shall have special insight into health care.



The Chairman shall be appointed for the same time one or more

Deputy. Such a representative should be or have

been ordinary judges. For each other

Member, there shall be a sufficient number of Deputies

shall be appointed for the same time as the Member.



section 3 Disciplinary Board is quorate with the President and at least six

other members. To the meeting of the Board shall each

Members are called. If a Member

report impediments, a replacement is called.



4 §/expires U: 2016-04-15/

The President may alone decide



1. which do not include the final judgement on the merits, however, does not

decision on the injunction to undergo a medical examination in accordance with 8

Cape. paragraph 7 of the first paragraph, or if the temporary withdrawal of

ID or permission in accordance with Chapter 8.

section 6, second paragraph, section 7, section 9 or section 11,



2. If the withdrawal of its request ID or

jurisdiction in cases when there is no obstacle to the withdrawal,

or



3. If the withdrawal of identification in accordance with Chapter 8. paragraph 7 of the third

the paragraph when it legitimized not followed procedure if

medical examination.



Cases that have been decided in accordance with the first subparagraph shall be notified by the

the next meeting of the Board.



4 section/entry into force: 2016-02-15/

The President may alone decide



1. which do not include the final judgement on the merits, but not decision on injunction to undergo a medical examination in accordance with Chapter 8. paragraph 7 of the first paragraph, or if the temporary withdrawal of identification or eligibility in accordance with Chapter 8. section 6, second paragraph, section 7, section 9 or section 11,



2. If the withdrawal of identification at his own request or permission in cases when there is no obstacle to the withdrawal,



3. If the withdrawal of identification in accordance with Chapter 8. the third subparagraph of paragraph 7 as it legitimized not followed procedure for medical examination, or



4. If a notification under section 18.



Cases that have been decided under the first subparagraph shall be reported at the next meeting of the Board. Law (2016:150).



§ 5 in the case of conflict of interest against dealing with matters in

Disciplinary Board, the provisions of Chapter 4. the code of judicial procedure if

conflict of interest against judges shall apply.



6 § in the case of voting in Board of accountability, the provisions

in chapter 29. the code of judicial procedure concerning the vote in court with only

Members-in-training is applied. The President says his opinion

first.




The proceedings of the disciplinary board



section 7 of the notification to the disciplinary board shall be made in writing and

include details

If



1. who in question and details of his occupation, address and

workplace,



2. What is demanded in the case, and



3. the circumstances relied upon in support of the notification.



The notifier shall also submit the investigation undertaken in

case.



If a party is represented by an agent, power of attorney be submitted.



section 8 application to the disciplinary board shall be made in writing and

be personally

signed and include information on



1. applicant's name, social security number and mailing address,



2. What is demanded in the case, and



3. the circumstances invoked in support of the application.



If a party is represented by an agent, power of attorney be submitted.



section 9 Is a notification or application so incomplete that it does not

can be used as a basis for a substance, the

Disciplinary Board shall submit to the notifier, or

applicant within a certain period of time to submit additional

tasks. In order to demonstrate that the matter otherwise

not be admissible.



section 10 of the procedure is written. Hearing may, however,

occur, when it is likely to be beneficial to the investigation.



section 11 Notification and, where appropriate, supporting documents should

as soon as handed over to the one in question. The receiver should

be required to respond within a certain period of time.



Surrender and injunctive relief pursuant to the first subparagraph needed

not if it is clear that the notification cannot be accepted or

that notice is unnecessary.



section 12 of The submitted that answer should do so in writing,

If not Disciplinary Board decide that the answer may be provided at a

hearing.



The response should indicate if the respondent accepts or

oppose what the notifier calls on the matter. If the defendant

oppose the claim, he or she

give reasons for their position and the circumstances

relied upon and, if appropriate, submit the documents

be invoked in the case.



section 13, If a matter requires specific expertise,

Disciplinary Board obtain the opinion

from the authorities and others with such specific expertise.



As regards the special case of 40 Cape. 2-7 and 12 §§

the code of judicial procedure, mutatis mutandis.



Those who are obliged to leave the opinion has the right to compensation

for its statement only if it is legally required.



Other experts entitled to a refund of public funds

for its mission. The Board may grant advances on such

compensation.



section 14 if the Disciplinary Board finds that a witness or

special needs be heard under oath or a party be heard during

affidavit or that someone needs

be required to provide a written document or a

items as evidence, the Board may request this in the District Court

in whose territory the person allowed to be consulted or at

otherwise concerned by the measure.



If there are no obstacles to the right to prepare to hold hearings

or notify the injunction. In the case of such measures should in

apply the provisions of evidence

in the trial, but a hearing.



section 15 To an oral hearing, the Parties shall be called. A

individual participant may be required to appear in person. In

the notice shall state that it does not obstruct the

further prosecution if he or she fails to materialize.



A single party, which has set itself to the oral

negotiation, of the disciplinary board are granted fair compensation

of public funds for travel and subsistence expenses.

The Board may grant an advance on the compensation.



The Government announces the details of compensation and

advances.



section 16 of the provisions of §§ 20 and 21 of the administrative procedure act

(1986:223) shall also apply to decisions taken under Chapter 8. 6 §

first subparagraph, first and second subparagraphs of paragraph 7,

section 9 and paragraph 11.



Registration for the prosecution



section 17 of the disciplinary board Finds in a case that there is

conditions for registration for prosecution under Chapter 7. section 29 other

subparagraph, the Board to make such notification, if not

Inspectorate for health care already has reported the matter to the

prosecution. Law (2012:957).



/Rubriken entry into force: 2016-02-15/

Information obligation



the entry into force of section 18/in: 2016-02-15/

If the disciplinary board or a general administrative court, in accordance with Chapter 8. decides on withdrawal of legitimation, probation or suspension or limitation of the right prescriptions, the disciplinary board may decide to inform the competent authorities of other States within the European economic area (EEA) and Switzerland on the decision or judgment. Authorities shall be notified not later than three days after the date of the decision or judgment. If this decision or that judgment later expires, the disciplinary board shall, without delay, inform the competent authorities of other States in the EEA and Switzerland.



Notifications as referred to in the first subparagraph shall be done via the internal market information system (IMI).

Law (2016:150).



10 Cape. Penalties and appeals, etc.



Penalty provisions



§ 1 the person willfully or negligently starting, moving

or significantly modify an activity falling within the scope of supervision

According to this law without having made prior to written notification pursuant to

Chapter 2. 1 or 2 § is sentenced to a fine. Team (2013:276).



section 2 of The who, either intentionally or negligently, continues to

conducting an activity in contravention of a prohibition under Chapter 7. 26, 27

or section 28 shall be liable to a fine or imprisonment of up to six months.



section 3 of A doctor whose identification card has been revoked or whose

permission otherwise has ceased or been reduced and that

improperly exercising the medical profession and for consideration, is sentenced to

fines or imprisonment of up to six months.



4 § the unauthorized and against compensation exercises the profession of dental practitioner

shall be liable to a fine or imprisonment of up to six months.



As the unauthorized practice of dentistry is not considered to be the

professional activity exercised by the ID

dental hygienist or who have the required skills

dental hygienist or dental assistant.



5 § the contravenes any of the provisions of Chapter 4. 3, 5

or section 6, shall be liable to a fine.



section 6 to a fine or imprisonment not exceeding one year are judged on that



1. violates any of the provisions of Chapter 5. 1 § 1-7;



2. in the exercise of activities as stated in Chapter 5. 1 §

intentionally or negligently:



a) adds the examined or treated an injury that does not

is calling, or



b) develops danger to such harm.



First paragraph 2 applies regardless of whether the injury or danger is caused

by inappropriate treatment or by interruption of or delay

with medical care.



The fact that the perpetrator because of lack of

education and experience were not able to understand the nature

or predict the damage or danger releases him or her no

from responsibility.



If the Act is subject to a punishment pursuant to section 3 or 4 shall in

rather than incur liability under these provisions.



section 7 liability under any of the provisions of paragraphs 3 to 6 shall

not be sentenced, if the Act is punishable by stricter penalties in

other teams.



Imposition of fines, etc.



section 8 has anyone guilty of crimes referred to in paragraph 6, the

Inspectorate for health care and social services decide on the ban for him

or her to during the certain period of time or forever wield

activities referred to in Chapter 5. § 1. Such a decision may

combined with a penalty.



The breach of such an injunction may not be sentenced to

criminal penalty for acts covered by the ban.

Law (2012:957).



The appeal of the Committee's responsibilities in health care decisions



§ 9 liability of healthcare Board decision under this

law may be appealed to the administrative court.



Leave to appeal is required for an appeal to the administrative court.



paragraph 10 of the Decision of the disciplinary board, which does not mean that a case

determined, may be appealed only in connection with the appeal by the

final decision on the matter.



A decision is not final, however, may be appealed against, in particular,

When the Board



1. dismissed an objection of conflict of interest against a member of the Board

or an objection that there are obstacles to examination,



2. rejected an agent or an attorney,



3. ordered the matter pending the completion of the case is decided,



4. submitted someone to undergo a medical examination in accordance with Chapter 8.

paragraph 7 of the first paragraph, or



5. ordered compensation to anyone involved in the case.



§ 11 Liability the Board's final decision may only be appealed by



1. the inspection for health and social care in order to protect the public

interests, and



2. the professionals that the decision is aimed at.



Provisions on the right of the parliamentary ombudsmen and of

The Attorney General to appeal the decision on probation or in

permission question, see paragraph 7 of the Act (1986:765) with instruction

for the parliamentary ombudsmen and in section 7 of the Act (1975:1339) om

Attorney General's supervision. Law (2012:957).



12 §/expires U: 2016-04-15/

Decisions on matters referred to in Chapter 8. effective immediately, if the

unless otherwise specified in the decision.



the entry into force of section 12/in: 2016-02-15/

Decisions on matters referred to in Chapter 8. and Chapter 9. section 18 applies immediately, unless otherwise specified in the decision.

Law (2016:150).



The appeal of the Inspectorate for health and social care and Social

decision, etc.



paragraph 13 of the Inspectorate for health care decisions may be appealed

to the General Administrative Court, if the decision concerns



1. notice under Chapter 7. section 20, second paragraph to leave

information, documents or other materials,



2. notice under Chapter 7. section 24 to take corrective action,



3. the prohibition referred to in Chapter 7. 26, 27 or 28 § to carry on business,


or



4. the prohibition to exercise the activities referred to in paragraph 8.



Other decisions by the Inspectorate for health and social care under this

law may not be appealed.



Leave to appeal is required for an appeal to the administrative court.

Law (2012:957).



13 a of the Board's decision on the identity card or other

jurisdiction under Chapter 4. may be appealed to the General

Administrative Court.



Other decisions of the Board under this Act shall not

subject to appeal.



Leave to appeal is required for an appeal to the administrative court.

Law (2012:957).



paragraph 14 of the decision taken by the Inspectorate for health and social care and

Social Board under this Act shall be effective immediately, if the

unless otherwise specified in the decision. Law (2012:957).



Handling of general administrative courts, etc.



section 15 of the Inspectorate for health and social care is a counterpart to the

professionals who appealed the Board's responsibility or court

final decisions in accordance with Chapter 8. 1-12 sections. However, this does

be subject to the second subparagraph of paragraph 7 the law

(1975:1339) if the Attorney General's oversight or section 7 other

law (1986:765) with instruction for the Swedish Parliament

Ombudsmen. Law (2014:62).



section 16 Is the enforcement of a decision on probationary period abrogated

or suppressed as a result of the decision by the Court after

appeal, but decided then nevertheless probation, should be

the time during which the trial has been going on included in the probation period.



section 17 of the Decision as a general administrative court notifies the according to

This law applies immediately, unless otherwise specified in the decision.



Transitional provisions



2010:659



1. this law shall enter into force on 1 January 2011, when the Act

(1998:531) if the professional activities of the health care area

shall be repealed.



2. a dental examination pursuant to the provisions

applied before 1 July 1994 shall carry out practical service

According to the rules in force at that time to get

identification as a dentist.



3. For matters relating to probation, revocation of ID and

other privileges or restriction of prescribing the right that

brought in health care before the disciplinary board

January 1, 2011 still apply the provisions of the repealed

the law.



4. If the trial period has been decided on the basis of the repealed Act

is still in Chapter 5. 7 section 4 of the Act.



5. Health care disciplinary board, to National Board

submit documents in cases where the disciplinary sanction that has

begun in Committee before 1 January 2011 and which have not yet

has been adjudicated. At the Board's handling of these cases

concerning Chapter 7. 10-18 of the new law.



6. The repealed Act shall continue to apply in assessing the

the question of the disciplinary sanction in court after appeal

or in health care disciplinary board after

referral from the Court.



2011:1190



This law shall enter into force on 1 January 2012 but applied

for the period from 1 January 2011.



2012:957



1. this law shall enter into force on 1 June 2013.



2. for the purposes of 7 a of the administrative judicial procedure Act (1971:291) shall

Inspectorate for health and social care to be the individual's counterpart, if

inspection after the entry into force is competent to deal with the type of

question at issue.



3. For the offences referred to in Chapter 10. paragraphs 1 and 2 and which have

committed before the entry into force applies Chapter 2. paragraphs 1 and 2 and 7

Cape. 26-28 of its older version. Team (2013:276).



2013:1149



1. This law shall enter into force on January 1, 2014.



2. applications for identification as a physiotherapist who has come

in to the National Board before January 1, 2014, but not yet

has been adjudicated to be valid as applications for identification

physiotherapist.



3. When applying for identification as a physiotherapist,

physical therapist degree deemed equivalent to fysioterapeutexamen.



4. Older provisions still apply for registered

physical therapists and physical therapist for the professional title.



2014:62



1. this law shall enter into force on 1 January 2014.



2. It shall also apply to decisions delivered before

the entry into force.